Cules v. Northern Pacific Railway Co.

Citations

• 105 Wash. 281
• 177 P. 830
• 1919 Wash. LEXIS 585

Syllabus

<p>Master and Servant (54, 57)—Injuries—Methods of Work— Signals—Loading Cars—Negligence of Fellow Servants. Under the Federal Employers’ Liability act, it is actionable negligence upon the part of fellow servants, engaged in loading rails by pushing them up skids, for part of the crew at one end to disregard signals and fail to wait for the final signal calling for concerted action, whereby, through their hasty action, the other end slipped back and injured a member of the crew.</p> <p>Same (20-2)—Injury—Federal Liability Act—Fellow Sert vants—Statutes. The effect of section 1 of the Federal Employers’ Liability act (U. S. Comp. St., § 8657) is to abolish the doctrine of nonliability for the negligence of fellow servants engaged in interstate commerce and to put negligence on the part of fellow servants on a par with negligence of the master; and this, regardless of the other sections of the act relating to contributory negligence and assumption of risks; since a servant does not assume the risks of negligence of a fellow servant where the act was not habitual or usual.</p>